Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1711 (RAJ)

GANPAT RAM v. STATE OF RAJASTHAN, THROUGH PP

2019-05-30

VIJAY BISHNOI

body2019
JUDGMENT : 1. Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in connection with FIR No. 34/2019 of Police Station Bhojasar, District Jodhpur for the offences punishable under Sections 376, 420 and 384 I.P.C. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact, the prosecutrix was harassed by her inlaws from last some time and the petitioner, who is a neighbour and relative of in-laws of the prosecutrix, had tried to resolve the dispute between them, however, when the prosecutrix insisted for reporting the matter to the police, then the petitioner helped her for the same. It is submitted that on 20th March, 2019, the prosecutrix filed a complaint before the S.H.O., Police Station, Bhojasar levelling allegation of harassment by her in-laws, however, on the same day, she filed an application before the S.H.O. at 8:00 PM stating that now the matter has been compromised between her and in-laws and, therefore, she does not want to press the complaint filed by her. Thereafter on 23rd March, 2019, a false complaint against the petitioner was filed in which it is alleged that the petitioner had hypnotized her and also snatched ornaments and huge amount of money from time to time. It is also alleged that from the last about 2-3 years, the petitioner has been sexually assaulting her. 4. Learned counsel for the petitioner has argued that the allegations levelled against the petitioner are totally false and a false case has been filed against him by the prosecutrix under pressure of her in-laws. Learned counsel for the petitioner has further submitted that in-laws of the prosecutrix are annoyed with the petitioner because he was taking side of the prosecutrix when the dispute between them arose. It is also submitted that the petitioner is a senior citizen of 65 years old and he has falsely been implicated in this case on account of enmity only. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 6. It is also submitted that the petitioner is a senior citizen of 65 years old and he has falsely been implicated in this case on account of enmity only. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ganpat Ram S/o Kana Ram shall be released on bail in connection with FIR No. 34/2019 of Police Station Bhojasar, District Jodhpur provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.